. >> reporter: the department of the environment is charged with enforcing the measure but it will be up to customers to report businesses not in compliance. >> if a business is refusing to comply then they are subject to fines. >> reporter: $100 for a first offense, all the way up to $500. he is ordering his new bags. >> i still have plastic bag i need to get rid of and replace them. >> reporter: he is afraid the extra fee will be bad for business and some agree. >> i think it is a rip off to the customer. >> they see why it might be beneficial. >> what do you do when you get home? push it in the trash. correct? >> reporter: the bag pan extends oo all restaurants next -- to all restaurants next october. ann rubin, ktvu channel 2 news. >>> the supreme court began a new session today with several big cases. a ruling is expected for this session in the debate over same- sex marriage and the government's defensive marriage act, defines marriage as a union between a man and a woman. and restricts benefits for gay couples. >> so it is no longer an exercise in abtraction. it is an issue for